United States Sixth Circuit

A firearm need not be operable to satisfy the definition of firearm used in a crime of violence for purposes of 18 USC 924, but sentencing court must use the preponderance of the evidence standard rather than the reasonable doubt standard.

Appellate Information

• Decided 01/30/2001
• Published 01/30/2001

Judges

• Before:  BOGGS and SUHRHEINRICH, Circuit Judges;  ALDRICH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Byron M. Jones (argued and briefed), Nashville, TN, for Plaintiff-Appellee., Michael Bandy, Marianna, FL, pro se, Irwin B. Venick (argued and briefed), Dobbins & Venick, Nashville, TN, for Defendant-Appellant.